2005 Fiscal Year Final Research Report Summary
General Research on the system and theory of local self-government based on the constitutional principles immanent in the Japanese Constitution
| Project/Area Number |
16530022
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Yokohama City University |
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Principal Investigator |
HIROTA Masao Yokohama City University, International College of Liberal Arts and Sciences, Professor (70295525)
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| Co-Investigator(Kenkyū-buntansha) |
INA Masaki Yokohama City University, Omiya Law School, Professor (00113655)
KITAHARA Hitoshi Surugadai University, Faculty of Law, Professor (50195278)
KOMABAYASHI Yoshinori Meijo University, Faculty of Law, Professor (90178369)
TAKEMORI Masataka Gifu University, Faculty of Regional Science, Professor (90111062)
NOGUCHI Kikumi Hosei University, Faculty of Sociology, Assistant Professor (40318598)
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| Project Period (FY) |
2004 – 2005
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| Keywords | Principle of Subsidiarity / Principle of Local Autonomy / Guarantee of Human Rights / Sovereignty of People / Local Government / Amalgamation of Local Authorities / Citizen / Local Decentralization |
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| Research Abstract |
European Charter of Local Self-government demands that the principle of local self-government should be recognized in the domestic legislation, and where practicable in the constitution. This is the first attempt in the world to set the international standard of the right to local self-government
On the other hand, the local decentralization reform was realized in 2000 in Japan and traditional centralized system of Japanese administration was modified. However, several important problems has been not solved through this reform. One of those problems is to embody the 'principle of local autonomy' in the 92th article of the Japanese Constitution.
The object of our study is to extract the concrete contents of the 'principle of local autonomy' through interpretation of the Constitution. At the same time, we tried to find the principle of local self-government in the European Charter of Local Self-government and the constitutions of some countries like France, Germany and Russia to make it possible to embody the 'principle of local autonomy' from the viewpoint of comparative constitution.
The contents of our report are as follow;
-The principle of distribution of responsibilities and financial resources among central and local governments
-Examination of two-tiers system of local governments
-Position of area-based associations in the Japanese Constitution
-Consideration on dual representation in local authorities; Activating local assembly
-Constitutional possibility for local suffrage of foreign residents in Japan
and so on.
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